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Madras High CourtCMP(MD)/5643/2016withdrawn dismissed

Tiruchirappalli Sarvodaya v. M.Thangavelu,

2018-02-21Honourable Mr Justice M. Sathyanarayanan,Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty First day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN and The Hon`ble Mrs.Justice R.HEMALATHA CMP(MD) Nos.5643 and 5644 of 2016 IN WA(MD) Nos.111 and 112 of 2011 TIRUCHIRAPPALLI SARVODAYA SANGH, REP. BY ITS SECRETARY, J.JOHN PETER ... PETITIONER / APPELLANT IN BOTH THE PETITIONS Vs 1 M.THANGAVELU 2 THE DISTRICT COLLECTOR, TRICHY DISTRICT.

3 THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT.

4 THE TAHSILDAR, KARAIKUDI TALUK, KARAIKUDI-630001. ... RESPONDENTS IN CMP(MD)No.5643/16 IN WA(MD)No.111/11 1 THE DISTRICT COLLECTOR, TRICHY DISTRICT 2 THE DISTRICT COLLECTOR SIVAGANGAI DISTRICT 3 THE TAHSILDAR KARAIKUDI TALUK, KARAIKUDI - 630 001 4 M.THANGAVELU ... RESPONDENTS/RESPONDENTS IN CMP(MD)No.5644/16 IN WA(MD)No.112/11 PRAYER IN CMP(MD)No.5643/16 IN WA(MD)No.111/11:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 264 days in filing the above petition and thus render justice.

Prayer in WA(MD). 111/ 2011 :

The appellant above named preferred this Memorandum of Writ

Appeal against the order dated 13.11.2009 made in WP.(MD).No. 4549/2005 Prayer in WP(MD). 4549/ 2005 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari, calling for the records relating to the certificate in Rc.E1/84370/04 dated 24/12/2004, on the file of the first respondent herein and to quash the same.

Prayer in CMP(MD). 5644/ 2016 in WA(MD). 112/ 2011 : To condone the delay of 264 days in filing the above petition and thus render justice.

Prayer in WA(MD). 112/ 2011 :

The appellant above named preferred this Memorandum of Writ Appeal against the order dated 13.11.2009 made in WP.(MD).No. 7173/2007 Prayer in WP(MD). 7173/ 2007 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records relating to the order made in Na.Ka/B3/28478/05 dated 11/01/2007 passed by the 2nd respondent and quash the same and consequently direct the respondents 2 and 3 to continue the distrain proceedings ordered in certificate in Rc.E1/84370/04 dated 24/12/2004 issued by the 1st respondent to recover the dues from the 4th respondent under the Revenue Recovery Act by auctioning the property comprised in S.F.No. 483/33, sub Division, S.F.No. 483/68 in patta no. 1637, situated at Door. No. 6/2-40 LF road, Kanadukathan Village, ward no.

6, Karakudi Taluk, Sivagangai District ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.PITTY PARTHASARATHY, Advocate for the petitioner in both the petitions and the court made the following order:- (Order of the Court was made by M.SATHYANARAYANAN,J) The learned counsel appearing for the petitioner, on instructions, seeks the permission of this Court, to withdraw these petitions with liberty to file fresh petitions and he has also made an endorsement to that effect.

2. In the light of the endorsement so made, these Civil Miscellaneous Petitions are dismissed as withdrawn. The liberty sought for by the petitioner, is granted.

sd/- 21/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.)

TO 1 THE DISTRICT COLLECTOR, TRICHY DISTRICT.

2 THE DISTRICT COLLECTOR, SIVAGANGAI DISTRICT.

3 THE TAHSILDAR, KARAIKUDI TALUK, KARAIKUDI-630001.

Pm JAM/26/02/2018/PM-PN/ SAR 1 / 3p-4c

ORDER

IN CMP(MD) Nos.5643 and 5644 of 2016 IN WA(MD) Nos.111 and 112 of 2011 Date :21/02/2018